Protective Orders and Stalking Injunction

Protective Orders may be requested if one has been a “victim” of domestic violence. This is different than a No Contact Order that may be issued by a Court after a citation or Information has been filed for a domestic violence charge. A Protective Order requires its own action in district court.

If a Protective Order is requested, the Court may issue a temporary order until a hearing is held. The Protective Order becomes effective as soon as it has been served on the party for whom the protective order is against. If that individual requests a hearing, the Court will require that evidence be presented to justify a permanent order.

If the protected party does not appear at that hearing, the temporary order will be dismissed. If the other party does not appear, the protective order will enter by default. Protective Orders should be taken very seriously and should not be pursued lightly. Protective Orders are not easy to modify and a violation of the order can result in a class A misdemeanor, which is punishable by up to 365 days in jail. It is not a crime for the protected party to contact the Respondent (person the protective order is against), but it is a crime for the Respondent to contact the protected party.

If you do not qualify for a Protective Order, either because you are not a cohabitant of the other party or the harassment has not risen to the level of domestic violence, you may still be entitled to a Stalking Injunction. Stalking Injunctions may be against any other individual and only require two incidents of Stalking.